TINJAUAN YURIDIS MEKANISME KEWENANGAN PENYADAPAN OLEH KEJAKSAAN DALAM TINDAK PIDANA KORUPSI DI INDONESIA

Robbani, Ahya (2024) TINJAUAN YURIDIS MEKANISME KEWENANGAN PENYADAPAN OLEH KEJAKSAAN DALAM TINDAK PIDANA KORUPSI DI INDONESIA. Undergraduate thesis, Universitas Muhammadiyah Malang.

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Abstract

The Prosecutor's Office of the Republic of Indonesia is a State Institution that exercises State Power in the field of investigating, prosecuting and supervising criminal cases to achieve justice and uphold the law. Moreover, corruption is an extraordinary crime, so its eradication also needs to be done extra hard. Giving wiretapping authority is an extra effort to overcome criminal acts. The authority to wiretapping refers to Article 30C Letter I of Law Number 11 of 2021. Even though the granting of this authority is based on Article 30C letter i of the Law, the lack of clarity regarding the conditions and mechanisms for its implementation creates legal uncertainty. This research aims to analyze the correct wiretapping mechanism by the Prosecutor's Office in Corruption Crimes and its obstacles. The research method used is a normative approach. using types and sources of analysis of primary and secondary legal materials, as well as identifying practical implications. Through data collection techniques, namely library research. The research results show that Article 30C Letter I of Law Number 11 of 2021 does not yet have a Special Law as a procedural law that regulates wiretapping mechanisms. Therefore, the Prosecutor's Office cannot carry out wiretapping independently. In an independent manner, the Prosecutor's Office can collaborate with service providers and the Police. The weakness of this mechanism is that the regulations related to wiretapping have not been comprehensively covered in the procedural law, the Prosecutor's dependence on permission from the judiciary reduces the level of independence of the Prosecutor's Office which is not in accordance with Article 2 paragraph (1) of the new Prosecutor's Law. This research recommends the need for more detailed regulations regarding mechanisms and supervision in implementing this wiretapping authority.

Item Type: Thesis (Undergraduate)
Student ID: 202010110311328
Keywords: Government law, wiretapping, corruption
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: 202010110311328 ahyarobbani1
Date Deposited: 07 Feb 2024 01:29
Last Modified: 07 Feb 2024 01:29
URI: https://eprints.umm.ac.id/id/eprint/3554

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